Bigger than TikTok: Foreign State-Owned Enterprises and the First Amendment
In 2024, President Biden signed the Protecting Americans from Foreign Adversary Controlled Applications Act, which bans from the United States… Continue reading →
Constitutional Law
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University Scholarships in the Shadow of SFFA
This Comment examines the legal vulnerability of race-conscious university scholarship programs following the Supreme Court’s landmark 2023 decision in Students… Continue reading →
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The Ambitions of History and Tradition in and Beyond the Second Amendment
This Article examines the ambitions of history-and-tradition review in and beyond the Second Amendment. In Bruen and Rahimi, the Roberts… Continue reading →
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The Constitutionality of Indiscriminate Data Surveillance
Soon enough, the police will have the capacity to know almost everything about everyone. Not because most of us are… Continue reading →
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Power and Immunity in Youngstown and Trump v. United States
Introduction When the Supreme Court handed down its decision in Trump v. United States granting ex-presidents a broad new immunity… Continue reading →
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Bruen Was Right
New York State Rifle & Pistol Association v. Bruen is one of the most methodologically significant—and widely maligned—constitutional law decisions… Continue reading →
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Nino’s Paradox
This is an essay about how lawyers and judges manipulate the distinction between changes in facts and changes in values… Continue reading →
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Policing as General Warrants
The drafters of the Bill of Rights and its proponents envisioned a document constitutionalizing protections against some of the worst… Continue reading →
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Unwritten Administrative Law and the Regulatory Last Mile
Programs like the Clean Water Act, Clean Air Act, and Resource Conservation and Recovery Act are ostensibly federal. But once… Continue reading →
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Super-Dicta
A weird thing happens when a conscientious, rational judge lacks certainty and has the humility to know it: she will… Continue reading →